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Attn: Robert Turner <br />Fax: (937) 220-4919 <br />With a copy to: <br />Kristin A. Finch, Esq. <br />Coolidge Wall Co., L.P.A. <br />33 West First Street, Suite 600 <br />Dayton, OH 45402 <br />Fax: (937) 223-6705 <br />To Developer to: <br />All such notices, requests, demands, waivers, and communications shall be <br />deemed received (i) in the case of personal delivery, upon actual receipt thereof <br />by the addressee, (ii) in the case of overnight delivery, on the day following <br />delivery to the overnight delivery service, (iii) in the case of mail, upon receipt of <br />the return receipt, or (iv) in the case of a facsimile transmission, upon <br />transmission thereof by the sender and issuance by the transmitting machine of a <br />confirmation slip that the number of pages constituting the notice have been <br />transmitted without error. In the case of notices sent by facsimile transmission, <br />the sender shall have contemporaneously mail a copy of the notice to the <br />addressee at the address provided for above; however, such mailing shall in no <br />way alter the time at which the facsimile notice is deemed received. <br />14.0 FORCE MAJEURE. <br />Each party agrees that the other party shall not be liable for any delay or failure <br />in performance caused by acts of God, war, fires, flood, court order, strikes, or <br />labor disputes preventing performance of any obligations hereunder (each, a <br />"Force Majeure Condition"), and to the extent that either party owes any fees to <br />the other party pursuant hereto, such party shall continue to pay the other party <br />in accordance with this Agreement for any services rendered during such Force <br />Majeure Condition. <br />15.0 ASSIGNMENT. <br />Neither this Agreement nor any rights, licenses or obligations hereunder, may be <br />assigned by either party without the prior written approval of the non-assigning <br />party, such approval which shall not unreasonably withheld. Any attempted <br />assignment in violation of this Section shall be void and without effect. Subject to <br />the foregoing, this Agreement will benefit and bind the parties' successors and <br />permitted assigns. <br />©Copyright 2006 CommSys Incorporated Page S <br />